Description

The crime of Battery with Serious Bodily Injury, also known as “”aggravated battery””, is to willfully and unlawfully use force or violence upon the person of another that results in serious bodily injury. Serious bodily injury is defined as the serious impairment of a physical condition, including concussion, loss of consciousness, impairment of an organ, bone fracture, wound or serious disfigurement. Battery with Serious Bodily Injury Example of Battery with Serious Bodily Injury include getting into a fight which causes injury or pushing someone into a glass door or pushing another person down stairs during an argument. Also see: Battery, Battery and Sexual Assault, Battery on a Police Officer

What does the prosecutor have to prove?

“1. Defendant willfully touched the victim in a harmful or offensive manner, and
2. Victim suffered serious bodily injury as a result of the force. [Cal Crim No. 925]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days
Misdemeanor: 180-364 days”

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?Yes
Is this charge a “serious felony”Yes
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No